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S-13-0009, Service Employees International Union (AFL-CIO) Local 226 v. Douglas County School District

Nebraska Commission of Industrial Relations

Attorneys: Timothy S. Dowd of Dowd Howard & Corrigan for the Appellants, Local 226; David J. Kramer and D. Ashley Robinson of Baird Holm, LLP for the Appellees Douglas County School District

Civil: Union – Mandatory Subject of Bargaining

Proceedings Below: Commissioner Bernard J. McGinn found that Douglas County School District (hereinafter “OPS”) had not committed a prohibited practiced and dismissed all three petitions. Commissioner McGinn found that Local 226 had an obligation to bargain to impasse over this mandatory subject of bargaining, and found that since Local 226 had an obligation to impasse over this mandatory subject of bargaining, OPS did not commit a prohibited practice.

Issues: Appellant Local 226 assigns that the findings of the Commission were in error in finding that (1) Local 226 had an obligation to bargain to impasse over OPS’s unilateral change to a mandatory subject of bargaining and (2) OPS did not commit a prohibited practice by unilaterally implementing changes to the vacation accrual policy.

On cross-appeal, Appellee OPS assigns that the Commissioner erred in (1) failing to rule that the terms of the Collective Bargaining Agreement clearly and unambiguously grant it the right to unilaterally modify its vacation accrual policies and regulations, (2) failing to rule that OPS has an established past practice of modifying its vacation accrual policies during the term of its Collective Bargaining Agreements, and (3) failing to rule that OPS’s established past practice of modifying its vacation accrual policies and regulations were an implied contract term.